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ORDINANCE NO. 112, Third Series <br />CITY OF ORONO <br />HENNEPIN COUNTY, MINNESOTA <br />AN ORDINANCE ADOPTING AND AMENDING THE CABLE <br />TELEVISION FRANCHISE GRANTED BY THE LAKE <br />MINNETONKA COMMUNICATIONS COMMISSION. <br />WHEREAS, on or about September 22, 1998, the Lake Minnetonka Communications <br />Commission ("LMCC"), on behalf of its member municipalities (the cities of Deephaven, <br />Excelsior, Greenwood, Independence, Minnetonka Beach, Minnetrista, Orono, Shorewood, <br />Spring Park, Tonka Bay, Woodland, St. Bonifacius, Long Lake , Victoria, Medina, Loretto , <br />Maple Plain, Minnesota), granted a Cable Television Franchise ("LMCC Franchise ") to Triax <br />Midwest Association, L.P. to provide cable services and to maintain and operate a cable system <br />within the LMCC's franchise area; and <br />WHEREAS, the LMCC Franchise is currently held by Mediacom Minnesota LLC <br />("Mediacom"); and <br />WHEREAS, the City of Orono, Minnesota ("City") intends to withdraw from the LMCC; and <br />WHEREAS, the City and Mediacom have reached agreement on the terms and conditions of a <br />new cable television franchise. <br />NOW THEREFORE, the City of Orono, Minnesota hereby ordains: <br />1. The City hereby adopts by reference the LMCC Franchise. <br />2. The LMCC Franchise shall remain in full force and effect until the date on which the City <br />withdraws from the LMCC ("Withdrawal Date"). <br />3. Effective upon the Withdrawal Date, the LMCC Franchise is hereby automatically <br />amended by striking all of its contents and in its place inserting the new cable franchise <br />attached hereto as Exhibit A ("Mediacom Franchise"). <br />4. From and after the Withdrawal Date the Mediacom Franchise shall supersede and replace <br />the LMCC Franchise and any previous franchise granted to Mediacom to own, operate <br />and maintain a cable system within the City. <br />5. This Ordinance is effective immediately upon passage and publication. <br />171727 <br />74